Section 10 in Uttarakhand Police (Amendment) Act, 2018
10. Amendment of Section 71.
- The Section 71 with title of the Principle Act shall be substituted as follows, namely-"Functions of the State/District Police Complaint Authority: (1 )(a) The State Police Complaint Authority shall inquire into the complaints against the police officers of the Additional Police Superintendent and higher status to them.(b)The Authority shall forward the complaint of misconduct received directly by it to the Home Department of the State Government for further proceeding:Provided that no cognizance shall be taken in anonymous complaints.(c)The Authority may inquire into allegations of "serious misconduct" against police personnel, on a complaint received by it.Explanation: "Serious misconduct" for the puipose of this Chapter, means any act of a police officer, due to which charges may be framed for the following-(i)death in police custody;(ii)grievous hurt, as defined under Section 320 of the Indian Penal Code, 1860;(iii)rape or attempt to commit rape;(iv)arrest or detention without due process of law;(v)violation of human rights; or(vi)Corruption.(d)The Authority may also inquire into any other case, referred to it by the State Government or the Director General of Police if. in the opinion of the Authority, the nature of the case is fit for independent inquiry.(e)The Authority may monitor the status of departmental inquiries or departmental action on the complaints of "misconduct" against gazetted officers, through quarterly reports, obtained periodically from the Director General of Police, and may give appropriate advice to the State Government for completion of action in such cases.(f)The Authority may also call for a report from the Director General of Police and may issue appropriate advice for further action or a direction for a fresh inquiry by another officer, when a complainant, on being dissatisfied by the outeome of, or inordinate delay in the process of departmental inquiry into his complaint of "misconduct" as defined above, by any police officer, brings- such matter to the notice of the Authority.(g)The Authority may suggest general guidelines for the State Police to prevent misconduct on the part of police personnel's.(2)Functions of the District Police Complaint Authority:(a)The District Police Complaint Authority shall proceed on the complaint against the police officers of the Deputy Superintendent of Police and lower status police officers/personnel's.(b)The District Police Complaint Authority shall enquire and shall recommend departmental/criminal proceeding in the matter of serious misconduct which is death in police custody, grievous hurt or cases of rape and in addition to it forcefully recovery by the police personnel's, the illegal possession on the lands and buildings etc. and other serious incidents which shows misuse of the post."
